Satish Chandra, J. - (1.) HEARD Sri Rajnish Kumar Srivastava, learned counsel for the appellants, Sri Akhter Abbas, learned coun sel for the respondent No. 1, Sri Munawar Sultan, learned counsel for the respondent No. 2 and Sri J. N. Mishra learned counsel for the respondent No. 3. Present appeal has been preferred by the appellants under section 173 of the Motor Ve hicle Act 1988, against the judgment and award dated 10-6-2003, passed by Motor Accident Claims Tribunal, Lucknow in Claim Petition No. Ill of 1998 (Ram Ji Sahu and Others v. U. P. State Road Transport Corporation and Others).
(2.) THE matrix of the case is that on 12-6-1998, the claimants Nos. 2 and 3 were going from Lucknow to Kanpur along with Master Nimish Sahu and Km. Anchal Sahu in a Bus No. U. P. - 78 / T - 0432 operated by the U. P. State Road Transport Corporation. When the bus reached near Nawabganj (District -Unnao), it colluded with Truck No. U. P. - 32 T- 8564 near Kaluanala. THE collusion had occurred due to negligence and rash driving of both the drivers. Master Nimish Sahu and Km. Anchal Sahu who are aged about 11 and 6 years respectively have died in this accident. Both the children were the students of City Montessori School, Lucknow. The claimants Nos. 3 and 4 Smt. Vijay Laxmi Sahu and, Km. Reetika had received serious injuries in this accident. It was ob served by the Tribunal, after examining the entire evidence, that the Truck was coming from opposite direction. The driver of the Bus also lost the control over it due to some tech nical fault. So, both the drivers were equally responsible. The Tribunal observed that this is a case of contributory negligence where two budding children have died and several other persons had received injuries including the claimant Nos. 3 and 4. It was also observed that the Truck was insured with the New India Assurance Com pany Limited, Lucknow (respondent No. 3) and the insurance policy was valid from 26-2-1998 to 25-2-1999. The accident took place on 12-6-1998 at about 3.00 pm. Further, it was determined that the Truck was being driven by Sri Ateeque at the time of accident and he was holding a valid and effective driv ing license to drive the Truck. The bus driver was also holding a valid and effective license as he was regularly driving the bus of the U. P. State Road Transport Corporation.
(3.) IN these circumstances, the Tribunal, after examining the entire evidence, has awarded the compensation of Rs. 35,000/- and Rs. 30,000/- for sustaining the injuries to Smt. Vijaiy Laxmi and Km. Ritika, the claimant Nos. 3 and 4. The Tribunal further awarded compensa tion of Rs. 75,000/- and Rs. 50,000/- respec tively for the death of Master Nimish Sahu and Km. Anchal Sahu. The interest was also awarded @9% from the date of award by the Motor Accident Claim Tribunal, Lucknow. Not being satisfied with the quantum of award, the claimants - appellants have filed the present appeal. During the course of arguments, both the parties have agreed regarding the facts men tioned in the Tribunals order. The main dis pute is regrading the quantum of compensa tion.;